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2014 DIGILAW 311 (PAT)

Kanhaiya Kumar v. Union of India

2014-03-05

CHAKRADHARI SHARAN SINGH

body2014
ORDER Heard Mr. Shashi Dhar Jha, learned counsel for the petitioner and Mr. N. A. Shamsi, learned Assistant Solicitor General appearing on behalf of Union of India and its officials. 2. The petitioner, in a selection process held for appointment to the post of Constable was declared successful in all respect. In course of Physical Efficiency Test and Physical Standard Test, the petitioner was found to be fulfilling the minimum required qualification in terms of height as his height was found to be 170 Cm. in course of Physical Standard Test. He was selected as OBC category, but in the medical examination his height was re-measured and marked 169 Cm. by the Medical Board. 3. This is to be noted that in the format for medical examination it had been indicated “height should not be the basis for disqualification as the same has been measured at the time of PST”. 4. It appears that in view of this dispute the petitioner’s height was re-measured by a Medical Board constituted by the Inspector General of Central Industrial Security Force and his height was found to be 169 Cm. which is less than requisite standard of height i.e. 170 Cm. Accordingly, by the impugned order dated 13.8.2013, issued by the Group Commandant/Chairman Dossier Scrutiny Board, Central Industrial Security Force, Eastern Zone, Patna communicated cancellation of petitioner’s candidature for the purpose of said selection. The said order dated 13.8.2013 is under challenge. 5. It has been contended on behalf of the petitioner that actual height of the petitioner is not less than 170 Cm., rather it can be more than that. He submits, referring to the statement made in the writ application that his height has been wrongly measured by the Board. He contends emphatically that the petitioner’s case may be referred to the higher authority in the Organization for measurement of the petitioner’s height. 6. Mr. N. A. Shamsi, learned Assistant Solicitor General appearing on behalf of the Union of India and its officials has contended that the petitioner’s height was re-measured, after it was found to be less than required standard by the Medical Board, subsequently by a Board constituted by the Inspector General of Central Industrial Security Force. The Board consisted of six officers of the Central Industrial Security Force and such decision need not be normally interfered with. 6. The Board consisted of six officers of the Central Industrial Security Force and such decision need not be normally interfered with. 6. In view of the fact that the petitioner was found fulfilling the minimum height criteria of 170 Cm. in course of Physical Standard Test and subsequently on re-measurement his height was found to be less than the required standard of 169 Cm. and keeping in mind the petitioner’s claim that petitioner’s actual height is more than 170 Cm., I consider it appropriate to refer the matter to the Director General, Central Industrial Security Force to get the dispute resolved by constituting a fresh Board for the purpose of re-measurement of the petitioner’s height. Such Board should be constituted within a period of two months from the date of receipt/production of a copy of this order. The respondent will be required to proceed further in accordance with law, as per the findings of the Board constituted by the Director General, Central Industrial Security Force under the present order of this Court. 7. This application is disposed of accordingly.